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2025 DAILYLAW 111019 (ALL)

DR. MUKESH KUMAR MALVIYA v. UNION OF INDIA AND 5 OTHERS

WRIA/20013/2024 · 2025-01-23

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:11629 Court No. - 10 Case :- WRIT - A No. - 20013 of 2024 Petitioner :- Dr. Mukesh Kumar Malviya Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Shailesh Kumar,Udai Prakash Deo Pandey Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Hem Pratap Singh,Munna Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Udai Prakash Deo Pandey, learned counsel for the petitioner, Ms. Pooja Agarwal for the respondent nos.3 and 6 and Sri Dhananjay Awasthi on behalf of respondent no.2. 2. Petitioner is raising a claim that he has participated in the recruitment process in pursuance of an Advertisement No.21/2020- 2021 (Teaching Post Group-A) against reserved OBC Professor Post Code 10181 from Banaras Hindu University, but he was not called for interview and some other persons were called and appointed. 3. Learned counsel for the petitioner submits that later on in a subsequent advertisement issued in the year 2024 in which he has also participated, was called for Interview but not selected. 4. Learned counsel for the petitioner further submits that he is aggrieved that in pursuance of Advertisement No.21/2020-2021 he was not called for interview purportedly on a ground that said process does not continue further and for that he refers a communication dated 2.11.2020 addressed by the Registrar of the University to the petitioner that the recruitment process of 2020-21 was kept in abeyance. However, in other departments in similar circumstances recruitment process was proceeded and appointments were made despite being a single candidate was found eligible for interview. 5. Learned counsel appearing on behalf of respondent nos.3 and 6 submits that so far as process for year 2020-21 is concerned, it was not proceeded further since and accordingly vacant post was carry forwarded in the subsequent selection process conducted in the year 2024 wherein the petitioner has participated, but he was not selected. 6. This writ petition has been filed after four years and now much water has flown since the petitioner has participated in the subsequent recruitment process and it appears that when he failed therein, he has approached this Court. 7. Even the petitioner has any right, still this Court cannot pass an order to proceed further in a recruitment process initiated in year 2020 as posts were carry forwarded in subsequent selection process, where petitioner has participated but failed and at a belated stage i.e. after four years no relief could be granted. So far as contention made in paragraph 3 of the representation is concerned, (about appointment of other person) since it is not accompanied by any documentary material as well as that when he failed in subsequent recruitment process, only then he has approached this Court after four years, i.e. raising a 'stale claim', there is no force in said submission also. 8. Writ petition has no force. Accordingly, it is dismissed. Order Date :- 23.1.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad